The Continuity of the House of Representatives : Designing a Constitution to Solve the Crisis of Democracy in Thailand

Abstract

This academic article focuses on studying the problems related to the criteria for assuming and vacating the position of representatives in the legislature after completing their mandated term as stipulated by the constitution, particularly during the period of parliamentary dissolution. This situation often results in a prolonged vacancy in the house of representatives without any organization stepping in to ensure the continued functioning of the legislative body. The study relies on the theory of the continuity of the state to examine these issues.

The research reveals that these problems lead to significant constitutional issues, namely the lack of continuity in the execution of state duties and crises in constitutional principles during these periods. Consequently, there is a need to revise the existing criteria to ensure the smooth transition between the outgoing and incoming sets of representatives. Specifically, in cases where the incumbent representatives complete their term as mandated by the constitution, it is proposed that new elections should be conducted before the outgoing representatives vacate their positions. In the event of parliamentary dissolution, it is suggested that the outgoing representatives should continue to serve until the new representatives assume office, preventing a legislative vacuum. This approach aims to safeguard the democratic system during these critical periods, similar to the situations in the years 2006 and 2014.